Fundamental rights are considered to be on the level of God thus no one
cannot amend them
. Article 15 of the constitution do prohibits the discrimination
only on the grounds of caste, sex, religion, place of birth and race. The use
of the word only
means discrimination on the other grounds is not valid.
The article of the constitution is guarded under the part III of the Indian
constitution moreover article 15 specifically comes under the heading of Right
Introduction to article 15(1)
Article 15 (1) says that state shall not discriminate it's citizens on the
grounds of caste, sex, race, religion, place of birth and race.
Nainsukhdas v. State of Uttar Pradesh , air 1953
In the above mentioned case the state election commission sets up different
electoral boards for different religions, which were declared unconstitutional
by the Supreme court of India
*Under this clause the state shall not do any kind of discrimination to it's
Introduction to article 15(2)
Article 15(2) says that non of the citizens or the state shall not do
discrimination on the basis of caste, religion, sex, place of birth and race
with regard to the same access to public parks, restaurants, shops, hotels
should be there moreover access to public toilets, wells, water tanks, etc
should also be there.
Introduction to article 15 (3)
Article 15 (3) says that in some areas the women and children do need special
privileges and therefore the state for their welfare can make laws, moreover
this doesn't means that discrimination is being done but some special privileges
are being given to them as they require them.
Introduction to article 15(4)
Article 15(4) was added to the Indian constitution after the 1st amendment of
the constitution in 1951.
Case law- Champakam Dorai Ranjan v. State of Madras, air 1951
In the above case the state reserved some seats for the backward classes of the
society but Supreme court declares it unconstitutional but the state says that
according to article 46 of the Indian constitution the state can reserve seats
for the weaker section of the society but still the Supreme court declares it
unconstitutional by saying that Directive Principles of the State policy cannot
over-ride the fundamental rights but still the 1st amendment of the constitution
1st amendment of the Indian constitution
The amendment says that any reservation could be done by the state for the
educationally and socially backward sections of the society and hence it would
not be considered as the violation of the article 15 of the constitution.
Here the question arose that how to check that who are backward classes and who
are of general catogery, therefore to solve this issue, Article 340 of the
constitution came into the picture which gives the power to make a commission
who will decide that who are backward classes of the society and who lies under
the general catagery moreover this report made by the commission shall be
challenged in the court of law.
M.R Balaji v. State of Mysore, air 1962
Here in the above mentioned case the reservation done went upto 68% which was
further declared to be unconstitutional but after that the Mandal commission
case came into the picture which declared that the reservation upto 50% is
valid and above that is not valid i.e will be declared as unconstitutional.
Introduction to article 15(5)
This above clause i.e clause 5 of the article 15 came after the 934 rd
constitutional amendment of 2005.
This article says that nothing in this clause shall prevent the state from
making any special provision regarding the admissions of scheduled castes and
scheduled tribes into private institutions moreover in the case of T.M Pai
Foundation v. State of Karnataka
, air, 2003 it was held that, it is the
discretionary power of the state that they can or cannot impose the restrictions
regarding the admission of the backward classes.
Written By: Anirudh Gupta